DNC scrubbing basics for sales teams

Who the rules cover

Two overlapping sets of federal rules apply: the FTC's Telemarketing Sales Rule (16 CFR Part 310) and the FCC's rules under the Telephone Consumer Protection Act (47 CFR § 64.1200). Many states have their own do-not-call lists and rules on top.

The National Registry provisions apply to sales calls to consumers. According to the FTC, the Registry prohibition does not apply to business-to-business calls (with limited exceptions) or to calls from or for charities, although charitable telefunders must honor requests not to be called (FTC).

The core requirements

1. Access the Registry and pay for the area codes you call. Sellers register at telemarketing.donotcall.gov. The FTC states that the first five area codes are free and additional area codes carry an annual per-area-code fee, with a cap for all area codes.
2. Scrub at least every 31 days. "You must synchronize your lists with an updated version of the National Registry every 31 days" (FTC).
3. Keep an internal (entity-specific) do-not-call list. If someone asks you not to call, record it and honor it, even if they are not on the National Registry.
4. Call only during permitted hours. FCC rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the called party's local time (47 CFR 64.1200(c)(1)). Our area code pages show the local time for every code.
5. Transmit caller ID and identify the seller as the rules require.

Exemptions to know (and their limits)

• Established business relationship (EBR): per the FTC, a seller may make live calls to a consumer on the Registry for 18 months after the consumer's last purchase, payment or delivery, or 3 months after an inquiry or application, unless the consumer asked not to be called. EBR does not cover prerecorded or robocalls.
• Express written permission: a signed, written agreement (which can be electronic) that clearly authorizes calls from that seller to that number.
• B2B calls: generally outside the National Registry rule, but other TCPA rules on autodialed and prerecorded calls to wireless numbers can still apply.

Safe harbor

The FTC describes a safe harbor from civil penalties for calls made in error if, as a routine practice, you: have written DNC procedures, train staff on them, maintain and record an internal DNC list, use a version of the Registry obtained no more than 31 days before the call and keep records of it, monitor and enforce compliance, and the call was the result of error (FTC).

What violations cost

• FTC civil penalties: the FTC states violators face civil penalties of up to $53,088 per violation (the amount is adjusted for inflation each year).
• Private lawsuits under the TCPA: consumers who receive more than one telephone solicitation in a 12-month period in violation of the DNC rules can sue for up to $500 per violation, and courts may treble damages for willful or knowing violations (47 U.S.C. § 227(c)(5)).
• State laws can add their own penalties and lists.

Where TrueSearch fits

TrueSearch for Business validates numbers and identifies line type and carrier. It does not check the National DNC Registry, state DNC lists or the Reassigned Numbers Database. Use the official Registry for DNC and reassigned.us for reassigned numbers. Validation complements those checks by removing dead numbers and landlines before you spend time or money on them.